Pennsylvania Case Commentaries

Enforcing Statutory Price Caps through Breach of Contract: LISS MARION v. RECORDEX Acquisition Corp. Establishes New Precedent

Date: Nov 17, 2009

Enforcing Statutory Price Caps through Breach of Contract: LISS MARION v. RECORDEX Acquisition Corp. Establishes New Precedent Introduction Liss Marion, P.C., indiv. v. Recordex Acquisition Corp....

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Sherwood: Establishing Standards for Evidence Sufficiency and Admissibility

Date: Nov 7, 2009

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Sherwood: Establishing Standards for Evidence Sufficiency and Admissibility Introduction In the landmark case Commonwealth of...

Limitation on Appellate Review of Unraised Issues in Post Conviction Relief: Commonwealth of Pennsylvania v. Dexter Pitts

Date: Oct 21, 2009

Limitation on Appellate Review of Unraised Issues in Post Conviction Relief: Commonwealth of Pennsylvania v. Dexter Pitts Introduction Commonwealth of Pennsylvania v. Dexter Pitts is a significant...

Enhanced Requirements for Anders Briefs in Withdrawal of Court-Appointed Counsel: Commonwealth v. Santiago

Date: Aug 26, 2009

Enhanced Requirements for Anders Briefs in Withdrawal of Court-Appointed Counsel: Commonwealth v. Santiago Introduction In Commonwealth of Pennsylvania v. Santiago (602 Pa. 159, 2009), the Supreme...

Limitation of Taxpayer Standing in Zoning Appeals under Pennsylvania's Home Rule Act

Date: Aug 19, 2009

Limitation of Taxpayer Standing in Zoning Appeals under Pennsylvania's Home Rule Act Introduction The Supreme Court of Pennsylvania, in the case of Gary Spahn, Appellant v. Zoning Board of...

Issue-by-Issue Application of the Collateral Order Test in Pennsylvania

Date: Aug 18, 2009

Issue-by-Issue Application of the Collateral Order Test in Pennsylvania Introduction The case of Robert RAE and Commonwealth Funeral Consultants, Inc. v. PENNSYLVANIA FUNERAL DIRECTORS ASSOCIATION,...

Reaffirmation of Partnership Liability Despite Exculpatory Clauses: Insights from Trizechahn Gateway LLC v. Titus

Date: Jul 23, 2009

Reaffirmation of Partnership Liability Despite Exculpatory Clauses: Insights from Trizechahn Gateway LLC v. Titus Introduction Trizechahn Gateway LLC v. Titus et al. is a pivotal judgment delivered...

Corrective Amendments to Notices of Compensation Payable in Workers' Compensation Cases

Date: Jul 22, 2009

Corrective Amendments to Notices of Compensation Payable in Workers' Compensation Cases Introduction The case of Cinram Manufacturing, Inc. and PMA Group v. Workers' Compensation Appeal Board (Hill),...

Supreme Court of Pennsylvania Upholds PHRA's Exemption for Small Employers from Sex Discrimination Claims: WEAVER v. HARPSTER

Date: Jul 21, 2009

Supreme Court of Pennsylvania Upholds PHRA's Exemption for Small Employers from Sex Discrimination Claims: WEAVER v. HARPSTER Introduction Mallissa L. Weaver and Chris A. Weaver v. Walter W. Harpster...

Presumption of Prejudice in Ineffective Assistance of Counsel Claims: Analysis of Commonwealth v. Reed

Date: Jun 17, 2009

Presumption of Prejudice in Ineffective Assistance of Counsel Claims: Analysis of Commonwealth v. Reed. Introduction Commonwealth of Pennsylvania v. Adam Reed, 601 Pa. 257 (2009), is a pivotal case...

Exclusively Takeout Beer Sales Do Not Constitute 'Retail Dispenser' Status under Pennsylvania Liquor Code

Date: Jun 16, 2009

Exclusively Takeout Beer Sales Do Not Constitute 'Retail Dispenser' Status under Pennsylvania Liquor Code Introduction The case of Malt Beverages Distributors Association v. Pennsylvania Liquor...

Overruling Flanagan: Expanding Expert Testimony Standards for Nurses in Pennsylvania Negligence Cases

Date: Jun 16, 2009

Overruling Flanagan: Expanding Expert Testimony Standards for Nurses in Pennsylvania Negligence Cases Introduction The case of Rodger A. FREED v. GEISINGER MEDICAL CENTER and HealthSouth Corporation...

Withdrawal of Counsel in Parole Recalculation Cases: Hughes v. Pennsylvania Board of Probation and Parole

Date: Jun 10, 2009

Withdrawal of Counsel in Parole Recalculation Cases: Hughes v. Pennsylvania Board of Probation and Parole Introduction In Connel Clayton Hughes v. Pennsylvania Board of Probation and Parole (977 A.2d...

Preservation of Cause of Action Arguments: Pennsylvania Supreme Court in Steiner v. Markel

Date: Apr 30, 2009

Preservation of Cause of Action Arguments: Pennsylvania Supreme Court in Steiner v. Markel Introduction The case of Clifford L. Steiner and Bonnie J. Steiner v. John F. Markel, Esquire and Nikolaus...

Ineffective Assistance of Counsel Reaffirmed: Insights from Commonwealth v. Johnson

Date: Mar 19, 2009

Ineffective Assistance of Counsel Reaffirmed: Insights from Commonwealth v. Johnson Introduction Commonwealth of Pennsylvania v. Raymond Johnson is a pivotal decision by the Supreme Court of...

Refining the Discovery Rule for Statute of Limitations in Medical Malpractice Cases: Wilson v. El-Daief

Date: Feb 20, 2009

Refining the Discovery Rule for Statute of Limitations in Medical Malpractice Cases: Wilson v. El-Daief Introduction Mary Elizabeth Wilson v. Samir El-Daief, M.D., Montgomery Hospital and Montgomery...

Clarifying Preemption: Supreme Court of Pennsylvania in Huntley Huntley, Inc. v. Borough Council of Oakmont

Date: Feb 20, 2009

Clarifying Preemption: Supreme Court of Pennsylvania in Huntley Huntley, Inc. v. Borough Council of Oakmont Introduction The case of Huntley Huntley, Inc. v. Borough Council of the Borough of Oakmont...

Withdrawal of Appointed Counsel in Parole Revocation Appeals: Distinguished Standards Under Anders and Turner

Date: Feb 4, 2009

Withdrawal of Appointed Counsel in Parole Revocation Appeals: Distinguished Standards Under Anders and Turner Introduction Corey M. Zerby v. Robert Shanon and Pennsylvania Board of Probation and...

Strengthening Standards for Ineffective Assistance of Counsel in Post Conviction Relief

Date: Jan 24, 2009

Strengthening Standards for Ineffective Assistance of Counsel in Post Conviction Relief Introduction In the landmark case of COMMONWEALTH of Pennsylvania v. Henry Daniels, the Supreme Court of...

Immediate Termination for Material Breach Overriding Cure Provisions: Establishing Precedent in Pennsylvania Law

Date: Jan 23, 2009

Immediate Termination for Material Breach Overriding Cure Provisions: Establishing Precedent in Pennsylvania Law Introduction The case of LJL Transportation, Inc., Louis P. Pektor, III, and Leo A....